MPF and public defenders ask Federal Justice to annul energy tariff readjustment in Amapá – News of Brazil
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The Federal Public Ministry (MPF) asked the Federal Court to recognize the nullity of the decision of the National Electric Energy Agency (Aneel) which generated a readjustment of up to 44% in the electricity tariff in the state of Amapá. Also signing the amendment to the public civil action, the public defenders of the Union (DPU) and the State of Amapá (DPE/AP).
The increase, authorized on December 13, 2022, is questioned by the bodies, given that the readjustment process was approved by the regulatory agency without complying with democratic procedural procedures, such as listening to consumers.
The annulment of the readjustment was requested last Friday (25th), considering the lack of notification to the Council of Energy Consumers of Amapá (Conceap) about the judgment that dealt with the readjustment. For the agencies, Aneel’s procedural error violated the principles of due process of law, publicity and adversarial proceedings. The amendment to the ACP comes after a request for suspension of an injunction granted by the Federal Regional Court of the 1st Region (TRF1) to Aneel, after an injunction was granted within the scope of the action.
In the appeal, Aneel claimed that the voluntary attendance of a Conceap representative at the public meeting that ratified the tariff increase would be enough to remedy any irregularity in its subpoena, pursuant to the application of art. 26 of Law 9.784/1999. However, the MPF clarified that the application of the rule in question requires the validation of the procedural act does not result in any damage to the parties, which, given “the dire energy situation in the state of Amapá”, is not the case.
By not notifying Conceap about the judgment, the MPF considered that Aneel prevented democratic listening to consumers throughout the readjustment administrative process. Therefore, the body reiterates that the action in question discusses exclusively the injury to the right to adequate participation of the council in the judgment of such process, in addition to its preparation for protection and intervention in favor of Amapá consumers.
Requests – In the amendment, the MPF again asks the Federal Court to grant an injunction to immediately stop the effects of the readjustment in the electricity bill. Currently, the authorized average increase is 36.08% in the energy bill of Amapá, being for high voltage consumers at 44.87% and for low voltage consumers at 33.29%.
The bodies also ask that the amount referring to non-technical losses be deducted from the calculation of the energy tariff expected for the year 2023. In this case, the amount must be paid by the Union through a discount from the budget foreseen for institutional advertising in 2023.
They also ask for the deduction of the amount of R$ 26 million, remaining from the tariff exemption provided for in the provisional measure that exempted Amapa consumers from paying the electricity bill covered by the state of public calamity in November 2020. energy disaster in Brazil’s recent history.
In total, 13 municipalities had the provision of public electricity services interrupted for 23 days, due to a structural failure in energy security planning and the actors in the electricity sector who work in inspection, operation, generation, transmission and distribution of energy.
The body requests, among other points, that the Court determine that the first rate adjustment of the CEA under the incorporation of Equatorial Energia will only take place on December 13, 2026, as this is enough time for the distributor to carry out improvements in the electricity distribution and in the quality of the service. It also requires that the public hearing related to the tariff review take place in person in the state of Amapá, with extensive prior disclosure and ensured participation of the population and entities that act in the collective protection of consumer rights.
The attorney of the Republic Sarah Cavalcanti, the Federal public defender Anginaldo Vieira and the public defender of the State of Amapá Mário Peixoto signed the amendment.
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